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STATE v. ALEXANDER

No. 5.

199 S.E.2d 450 (1973)

284 N.C. 87

STATE of North Carolina v. Larry Samuel ALEXANDER.

Supreme Court of North Carolina.

October 10, 1973.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Deputy Atty. Gen. Andrew A. Vanore, and Associate Atty. Gen. Edwin M. Speas, Raleigh, for the State.

T. O. Stennett, Charlotte, for defendant appellant.

SHARP, Justice:

Defendant does not challenge the sufficiency of the State's evidence to sustain his conviction of felony-murder, that is, a murder committed in the perpetration of an armed robbery. However, his first assignment of error is that the trial judge erred in refusing to nonsuit the charges of felonious assault and armed robbery in cases Nos. 37020 and 37021. Defendant contends that these two charges were proven as essential elements of the felony-murder...

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